Supreme Court Observer

🌅 Good Morning! ❓ *Does Aligarh Muslim University (AMU) have a minority status?* https://bit.ly/47thSZJ 🗣️ Today, a Constitution Bench will resume hearings to answer this question. The Court has to decide if educational institutions founded by religious and linguistic minorities can retain their _minority status_ after being recognised by a Union legislation. 📚 In the hearings so far, the petitioners have stood firm on three aspects: 1) A Union law cannot revoke minority status: https://bit.ly/47N9y7B 2) A 50-year old precedent on AMU’s status is incorrect: https://bit.ly/48zBoW8 and 3) AMU was established by Muslims to provide quality education for minorities: https://bit.ly/3HhXCQi 🎥 For a livestream of the hearings visit scobserver.in

🍂Good Morning! 🔍 As the Ayodhya Ram temple is consecrated today, we introspect on the character of our republic. 🛕 In the Ayodhya case, centuries of a faith-based conflict came down to who has possessory rights over a piece of immovable property. More in our desk brief: https://bit.ly/3u8ySXB 🚩 The top Court had a momentous role in the winding Ayodhya litigation. On our case page, find a comprehensive archive of the case and what was at stake: https://bit.ly/47Gzgud ⚖️ Last week, we published a profile of Justice S. Ravindra Bhat. The promises and disillusions of his long career tell a story of the judiciary and republic of today. Read here: https://bit.ly/425szRa

🌿 Good morning! 👮‍♂️Yesterday the Supreme Court heard petitions seeking a probe into police encounters that took place in Gujarat between 2002 to 2006 and to prosecute police personnel identified under the Justice H.S. Bedi report.  📄In 2012, the Supreme Court appointed the retired judge as the head of a Special Task Force to investigate the alleged fake encounters. In 2018, the report was submitted to the Supreme Court in a sealed cover.  🗣️The Solicitor General argued that people who had no connection to Gujarat were bringing this case to the top court, and that their public interest concerns were “selective” at best. 📖How did the petitioners defend their stance? Read here: https://bit.ly/3O8HB2Q

🌅 Good morning, ⚖️ In 2023, Supreme Court decisions shaped the fate of marriage, bail, religion, gender equality, democracy, free speech, right to life, federalism and even arbitration. We thematically broke down what the Court said on key issues of the year. https://bit.ly/47zFRXb 🏛️ 2023 saw 14 new appointments to the Supreme Court. But is the Court more diverse? We dug in and found that even in a mostly full-strength Court, there was a lack of representation of religious minorities, women & marginalised communities. https://bit.ly/48QkQcB ✍️Thank you for following our daily updates. What stories from the Supreme Court would you like to hear? Write to us at admin@scobserver.in.

🍁 Good morning! 🏛️ As we begin our day, we are thinking about how diversity, anywhere in a democratic republic like ours, is a question of legitimacy. For our Supreme Court, it is an obligation manifold stronger. 👥 But since its inception, the Court has faltered. "The Supreme Court was mainly Brahmin and upper class," Krishna Iyer J said in 1980. ✍🏾 With 15 new appointments in 2023, has CJI Chandrachud's collegium made a difference? We dug around and were disappointed. 📉 Muslim representation has worsened. No state with a dominant ST population has representation. No new women judges were appointed. 36.4 % of the Court was Brahmin. 🗞️ Start your day with our breakdown of the SC's diversity status here: https://bit.ly/48QkQcB

🌇 Good Morning! ⚖️ In 2023, the Supreme Court delivered 18 Constitution Bench judgements on an array of legal issues. In comparison, the top court delivered only four judgements in 2022 and three in 2021. 💍 Some of the key decisions that stood out were Passive euthanasia, arbitration, marriage equality, and Article 370. 7️⃣ The year particularly stands out because we also saw the return of seven-judge bench activity after a hiatus of five years. 🛑There were also instances where the Union government nullified some of these verdicts through subsequent legislations. ❓What were these judgements? SCO lists them all here: https://bit.ly/4aZcFvW

🌿 Good morning! 📖 Last week, the Supreme Court grappled with two cases that dealt with the cultural and educational rights of minorities under Articles 29 and 30. 🗣️ A 7-judge Constitution Bench heard arguments about whether the Aligarh Muslim University (AMU) can retain its status as a Minority Institution. Petitioners argued that Article 30 was a provision of reservation for minorities not belonging to the SC/ST/OBC/EWS community. https://bit.ly/47thSZJ ✒️ Another 2-judge Bench heard a PIL that contends that the Union having unbridled power to notify a community as a minority is unconstitutional. The petition argues that the power must vest with state governments. https://bit.ly/48zVa3w ❓ Who should have the power to govern minority communities and institutions? Tweet us @scobserver and tell us what you think!

💫 Good Morning! 7️⃣ A seven-judge bench of the Supreme Court is currently hearing Aligarh Muslim University's (AMU) case to retain its _minority status_ under Article 30 of the Constitution. 🗣️ Yesterday, petitioners argued that AMU was responsible for the educated Muslim middle class of the country and that it was established for the upliftment of the Muslim community. https://bit.ly/3HhXCQi 📖 In his book _India's Communal Constitution,_ Dr. Mathew John argues that the Constitution has a tendency to identify people in religious terms despite its largely liberal design. SCO’s interview with Dr. John: https://bit.ly/4b3SDAu

🌇 Good Morning! 7️⃣ Today, a seven-judge Constitution Bench will continue hearing arguments to determine the minority status of Aligrah Muslim University. ⏳The Bench is reconsidering a 50-year old decision in _Azeez Basha v Union of India_ which held that AMU could not be a minority institution as it was neither established nor administered by Muslims. 🕌 Yesterday, on Day 2 of the arguments, Senior Advocate Kapil Sibal argued that denying the university a minority status violated the fundamental right of minorities to establish and administer educational institutions under Article 30. ☕️ Catch up with the arguments so far: https://bit.ly/48zBoW8

🍀 Good morning! 🕌 Today, a seven- judge Constitution Bench of the Supreme Court will continue hearing the challenge to the minority status of Aligarh Muslim University, a conflict that traces back to a 1967 judgement. 📃We capture the story of AMU, the conflicts surrounding its management and the lead-up to the case here: https://bit.ly/47thSZJ 📽️ To go with your morning tea, you can find the livestream to the hearings on our home page: https://bit.ly/3NWkCrN ⚖️ Today, the top court is expected to hear activist Umar Khalid's bail plea. Last year, despite being listed 11 times, Khalid did not receive a single substantive hearing. Will today be an exception? https://bit.ly/3RSjQNB

🌸 Good morning! 🧕🏽 Yesterday, the Supreme Court unanimously quashed the Gujarat Government’s early release of 11 convicts in the Bilkis Bano gang rape case. 🖋️ Given the facts of the case and the gravity of the crimes, the bench opined that sending the 11 convicts back to prison did not violate personal liberty and ordered their return to prison in two weeks. 🗒️ SCO’s report explains the contours of the judgement here: https://bit.ly/48F3iiM 🗃️ Our matrix gives you a snapshot of everything the Court held in the case. https://bit.ly/41MTQrz

*Early Release of Bilkis Bano Gangrape Convicts | Judgement* ⚖️ In 2022, several petitions at the Supreme Court challenged the Gujarat government's decision to grant remission (early release) to 11 convicts who were sentenced to life imprisonment for the gangrape of Bilkis Bano and the murder, of her family members during the 2002 Gujarat riots. 👨‍⚖️👩‍⚖️ Several procedural delays, two different benches and over 10 days of arguments later, the Court reserved judgement in the case in October 2023. 📜 Today, the Court will decide if the Gujarat government followed due process when releasing the 11 men. 🔍 Here's everything you need to know about the case: https://bit.ly/3NRkCco 📱Follow us on Twitter for live updates from the hearing: https://bit.ly/4aPFV84

🌇 Good Morning! 🗂️ 2023 witnessed an unprecedented number of cases filed in the Supreme Court, at 53,770 cases. Despite this, the Court demonstrated remarkable efficiency and achieved a disposal rate of 96%. What does this mean for the Supreme Court's functioning? https://bit.ly/3NNvf03 🏛️ In 2023, the ruling party emerged victorious in key cases concerning defection and demonetisation. SCO's thematic 2023 Review on Democracy and Governance lists 4 cases and their implications: https://bit.ly/3viMWxY ⚖️ In our 2023 Review of bail in Indian courts, cases suggest that the notion ‘bail as rule, jail as exception’ sounds better as an aphorism than an actual practice point: https://bit.ly/3NQmylG

🌇 Good Morning! 📜 On 11 December 2023, the Supreme Court upheld the abrogation of Article 370 which revoked the special status granted to Jammu and Kashmir. Weeks later, the judgement continues to spark debate. 🗣️ In an interview with SCO, constitutional law expert Dr. M.P. Singh lent his support to the Judgement. He reasoned that India's sovereignty was "one" and therefore, the Court was right to hold that J&K did not have internal sovereignty. 🗨️ In response, Burhan Majid, an assistant professor at Jamia Hamdard, argues that by endorsing the judgement, Dr. Singh ignored the framework which predicated J&K's relationship with the Union. Read his full argument here: https://bit.ly/3NPGDs8 🎥 Dr. Singh's interview here: https://bit.ly/48ttkpr

🌿 Good morning! 🖋️ In 2023 the Supreme Court delivered critical judgments affecting various integral part of our lives. Here’s our yearly thematic breakdown of judgements of the year. 💍 On marriage the SC said marriage age and rights of sexual minorities was in parliament‘s domain. It used its wide powers under Art. 142 to grant divorce: https://bit.ly/3RGaa8Z 🤰 In a concerning year for personal liberty, the Court took on gender stereotypes but undid its progressive jurisprudence in an abortion case: https://bit.ly/4aF5BnY 🗒️ On the right to life, the Court displayed a progressive approach in certain high-profile cases: https://bit.ly/41IaFns

🎉 Happy New Year! 🔍 As a new year begins, we at SCO took a minute to reflect on the year that's gone by...for ourselves and the Supreme Court. 📜 2023 will be etched in the pages of the Court's history for many reasons. The Court delivered important judgements on civil, political, personal and constitutional rights, which in some cases, bought decades of constitutional history to a close. 🎥 Here's our explainer of 10 Key judgements of 2023: https://bit.ly/3RBTEqq Prefer to read? we've got you covered: https://bit.ly/3twOQuq 📃 The Court’s work is not just in its judgements. We've curated a list of hearings that happened in 2023: https://bit.ly/4aGJbCU 🙏Thank you for your support! As always, stay tuned to SCO for more stories from the Supreme Court!

🔆 Good Morning! ❓Should the Supreme Court be defined only by its judgements in 2023? 🗓️ Yesterday, we shared a list of the top 10 judgements of the year. Some of them make 2023 particularly stand out in the Supreme Court’s history. But does the buck stop there? 🔟 Many crucial hearings this year have left us in anticipation of what to expect in 2024. The result of these hearings will likely find a place in our top 10 judgements list next year. 🔍 What were these cases and what makes them demand attention over the hundreds of other cases the top court hears each day throughout the year? 🛜 Find out in our review of the top 10 hearings of 2023: https://www.scobserver.in/journal/2023-supreme-court-review-10-key-hearings/

🌸 Good morning! 📚 This year, the Supreme Court disposed of an impressive 52,220 cases. It was also the year of the most number of Constitution Bench decisions in recent history. 🧑🏻‍⚖️ The cases touched upon weighty issues such as civil rights, political rights, personal liberty, freedom of speech, distribution of governance powers and the nature of federalism. Several decisions were viewed as a barometer of the health of the democracy and the independence of the judiciary.  🔟 Here’s SCO’s 2023 review of top 10 judgements of the year, of cases that have shifted the needle on some aspect of public law—either the law was changed or its interpretation. http://bit.ly/3twOQuq 🖋️ Write to us at admin@scobserver.in and let us know what cases or judgments you thought were important this year!

🌅 Good Morning! 👨‍⚖️ Justice Sanjay Kishan Kaul retired on 25 December 2023 after nearly seven years at the Supreme Court. During his time, he authored 171 judgements. ✒️ Notably, Justice Kaul has authored concurring judgements in cases such as the right to privacy and the abrogation of Article 370. He has also authored resounding dissents in cases like the plea for marriage equality. Read his notable judgements here: https://bit.ly/3veFmEE 🔍 Find out more about his early life, education and 20-year+ judicial career here: https://www.scobserver.in/judges/sanjay-kishan-kaul/ 💻 For information on other sitting and retired judges of the Supreme Court, visit our judges page here: https://www.scobserver.in/judges/

🔆 Good Morning! 📹 Earlier this year, the Supreme Court reserved judgement in the challenge to the electoral bond scheme. Dr. Udit Bhatia, in conversation with the _Supreme Court Observer_, said that the scheme allows wealthy private interests to have a disproportionate say in the democratic process. https://bit.ly/48bex2O 🗺️ Dr. M.P. Singh, a distinguished jurist and scholar in constitutional law, sat down with SCO to discuss the Supreme Court’s decision to uphold the abrogation of Article 370. Dr. Singh agreed with the Court’s reasonings and stated that the unanimous decision of the Court is the right one. https://bit.ly/48bEGOT 📊 With 2023 drawing to an end, the current pendency stands at a record high of 80,000+ cases. This year also saw the highest number of cases disposed by the Supreme Court. Does this offer hope to tackle the pendency problem? https://bit.ly/3TD5cfy